Ameriquest Mortgage Co. v. Alton

In these consolidated appeals involving competing declaratory judgment actions to quiet title to a parcel of real property, Arkan D. Alton 1 appeals by right the July 19, 2005, trial court order granting summary disposition to Ameriquest Mortgage Company on the basis that the mortgage held by Ameriquest had priority over the mortgage held by Alton under the doctrine of equitable subrogation. We reverse, but only because we conclude that Washington Mut Bank, FA v Shore-Bank Corp, 267 Mich App 111; 703 NW2d 486 (2005), compels reversal on the ground that Ameriquest was a “volunteer” payor and,…